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NY J87382




August 5, 2003

CLA-2-94:RR:NC:2:227 J87382

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.10.60

Mr. Steve Festa
Central Purchasing, Inc.
Import Operations Group
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of an emergency light from China.

Dear Mr. Festa:

In your letter dated July 10, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The subject merchandise, based on the sample and information submitted, is referred to as the “Hallway Emergency Light” (model number 38013), that is a wall-mounted lamp measuring approximately 10 ¾ inches high by 10 5/8 inches long by 3 ½ inches wide in overall dimensions. It has a rectangular-shaped metal (non-brass) body, measuring about 6 ¼ inches high by 10 5/8 inches long, that houses a rechargeable 6-volt battery and electrical wiring. There are adjustable dual matching plastic spotlights with plastic hinges in metal brackets that are affixed atop the battery housing via two small plastic posts. Each spotlight has a light reflector and cover that encloses a 3.6-watt light bulb. There is also a metal mounting handle, attached between the spotlights, and a nonretractile electrical light cord. The exterior battery housing incorporates a right and left lamp switch as well as a light test switch. It is stated that when the facility power fails, the lights when properly charged will automatically turn on.

The applicable subheading for the Hallway Emergency Light will be 9405.10.60, Harmonized Tariff Schedule of the United States (HTS), which provides for lamps and lighting fittingsnot elsewhere specified or includedchandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares: of base metal: other than of brass. The rate of duty will be 7.6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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